Foundations of public law / Martin Loughlin.

Format:

Book

Author/Creator:

Loughlin, Martin, author.

Language:

English

Subjects (All):

Public law.

Public law--History.

Public law--Philosophy.

State, The.

Rule of law.

Physical Description:

1 online resource (528 pages)

Edition:

1st ed.

Place of Publication:

Oxford, England : Oxford University Press, 2010.

Summary:

This book develops Martin Loughlin's distinctive and provocative theory of public law, first outlined in The Idea of Public Law. Tracing the historical evolution of the concept of public law, the book rethinks the foundational concepts of state, constitution, and government, arguing that public power is created, not controlled, by law.

Contents:

Intro

Contents

Introduction: Rediscovering Public Law

I. ORIGINS

1. Medieval Origins

I. The Theological-Political Question

II. The Papal Monarchy

III. Empire and Papacy

IV. Theocratic Kingship

V. Regnum and Sacerdotium

VI. Conciliarism

VII. The Secularization of Government

VIII. Medieval and Modern Constitutionalism

2. The Birth of Public Law

I. The Methodological Turn

II. Bodin's Method

III. Absolutism

IV. The Constitution of Sovereignty

V. Modern Natural Law: Subjective Right, Security, and Sociability

VI. Transition Paradoxes

II. FORMATION

3. The Architecture of Public Law

I. Right Ordering

II. Early-Modern Formation

III. The Architectural Metaphor

IV. The Architecture of Power

V. Constitutional Architecture

4. The Science of Political Right: I

I. Political Right

II. Rousseau's Science of Political Right

III. Sovereignty and Government in The Social Contract

IV. Modernity and German Idealism: Kant's Rechtslehre

V. The Formal Science of Political Right

5. The Science of Political Right: II

I. Rousseau's Pessimism

II. The Political Pact in Historical Practice

III. Rousseau's Sociology of Political Right

IV. Fichte's Foundations of Natural Right

V. The Concept of Political Right in Hegel's Rechtsphilosophie

VI. The Struggle for Recognition

6. Political Jurisprudence

I. Public Law as Political Jurisprudence

II. Power

III. Liberty

IV. The Grammar of Public Law

III. STATE

7. The Concept of the State

I. Sovereignty: A Conceptual Sketch

II. Status, Estate, State

III. Staatslehre

IV. Community, Society, State

V. The State as a Scheme of Intelligibility

8. The Constitution of the State

I. The Concept of the Constitution

II. The Normative Power of the Factual

III. Constituent Power.

IV. The Public Sphere

V. Droit Politique as the Constitution of the State

9. State Formation

I. European State-building Practices

II. The Formation of the English Parliament

III. Parliament and the Formation of the Modern State

IV. The Struggle for Responsible Government

V. The Formation of the Parliamentary State

VI. Representative and Responsible Government

VII. State, Law, and Constitution

IV. CONSTITUTION

10. The Constitutional Contract

I. Modern Constitutions

II. The Constitution as Contract

III. Revolution and Constitution

IV. The Constitution as Fundamental Law

V. Constitutional Maintenance

VI. Constitutional Patriotism

VII. Reflexive Constitutionalism

11. Rechtsstaat, Rule of Law, l'Etat de droit

I. The Ambiguous Character of the Rule of Law

II. Origins

III. Mode of Association

IV. The Rule of Law as Liberal Aspiration

V. Rechtsstaat or Staatsrecht?

12. Constitutional Rights

I. Natural Rights, Civil Rights, Constitutional Rights

II. Civil Society

III. Bills of Rights

IV. Constitutional Adjudication

V. Subjective Rights and Objective Law

V. GOVERNMENT

13. The Prerogatives of Government

I. Prerogative Power

II. Locke on the Prerogative

III. The Executive within Modern Republican Government

IV. Government Growth, Executive Power, and Modern Constitutions

V. Prerogative Transformed

VI. Prerogative Sublated

14. Potentia

I. The Disciplinary Revolution

II. Cameralism

III. The Police Power

IV. Justice and Police

V. The Growth of Administrative Power

15. The New Architecture of Public Law

I. The Emergence of Administrative Law

II. The English Quarrel with Administrative Law

III. Administrative Government and the Separation of Powers

IV. The Rise of the Ephorate

V. The New Separation of Powers.

VI. The Transformation of Public Law

VII. The Triumph of the Social?

Bibliography

Index

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

U

V

W

Z.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

9780191648175

0191648175

9780191594267

0191594261

9781306130417

1306130417

OCLC:

960165655